HomeMy WebLinkAboutPC Reso 11-10 (Tattoo)1
P.C. RESOLUTION NO. 11-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A
ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE MODIFYING
REGULATIONS PERTAINING TO TATTOO AND BODY PIERCING
ESTABLISHMENTS AND RELATED SECTIONS FOR CONSISTENCY
The Planning Commission hereby resolves and orders as follows:
Section 1. The Planning Commission of the City of Hermosa Beach held a public hearing as
directed by the City Council on April 19, 2011 to consider amending Title 17 (Zoning) of the Municipal
Code to modify or add provisions pertaining to tattoo/body piercing studios (TEXT 11-1), at which time a
Staff Report, and testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission.
Section 2. The project is exempt from the Environmental Quality Act per Section
15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is
minor in nature and does not have the potential for environmental impacts because it reduces the
potential sites upon which an existing land use (tattoo studio) may be located and maintains the
distancing standards between these establishments so that the potential for concentration of these
uses is not increased; imposes additional controls upon the evening hours of operation of tattoo
studios; and, further, a prohibition on body piercing does not have the potential to create
environmental impacts.
Section 3. The Planning Commission hereby recommends City Council approval of the
following amendments to the Hermosa Beach Municipal Code:
1. The definitions of body piercing, tattoo/tattooing and tattoo/body piercing studios in
Section 17.04.050 (Commercial land use definitions) of the Municipal Code are amended to
read as follows:
“Body piercing” means to puncture, perforate, or penetrate a human body part or tissue
with an object, appliance, or instrument for the purpose of placing a foreign object in the
perforation to prevent the perforation from closing. This includes, but is not limited to,
creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of
inserting jewelry or other decorations. Body piercing does not include piercing of the ear
lobe or outer portion of the ear. Body piercing includes the removal of body piercing jewelry,
except when removal is performed by a physician or other professional licensed by the State
of California Medical Board as part of a medical practice
“Tattoo/tattooing” means to insert pigment, ink or dye under the surface of the skin of a
person by pricking with a needle or otherwise, to permanently change the color or
appearance of the skin or to produce an indelible mark or figure visible through the skin.
Tattooing does not include application of permanent make-up that is performed as an
incidental service in a beauty shop, day spa, or other service or retail
establishment. Tattooing includes the removal of tattoos, except when removal is performed
by a physician or other professional licensed by the State of California Medical Board as part
of a medical practice.
“Tattoo/body piercing studio” means any establishment where tattooing and/or body
piercing takes place.
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2. Section 17.26.070 of Chapter 17 of the Municipal Code is amended to read as follows:
Section 17.26.070 Tattoo/Body Piercing Studios – Standards and Limitations.
Every tattoo /body piercing studio shall be subject to all of the following, in addition to
all other requirements of law:
A. The exterior walls of any tattoo/body piercing establishment in the C-2 zone shall be
located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body
piercing establishment and the exterior walls of any establishment in the C-3 zone or
commercial specific plan area zone that allows C-3 uses shall be located more than one
thousand five hundred (1,500) feet from the exterior walls of any other tattoo/body piercing
establishment.
B. The lot on which any tattoo establishment is located shall be more than one hundred
(100) feet from any residential zone or residential specific plan area zone, and more than two
hundred (200) feet from any park/recreational facility or school site that is zoned OS, OS-1
or OS-2.
B.C. The operator of the tattoo establishment shall obtain and maintain in compliance all
permits required by the County of Los Angeles, Department of Public Heath.
C.D. Tattoo establishments shall not operate between the hours of 10:00 p.m. 9:00 p.m.
and 10:00 a.m.
D.E. Live animals, except for service animals, shall not be allowed on the premises.
E.F. Once established, tattoo/body piercing establishments shall not be permitted to
expand into another tenant space or building or otherwise on the site or any contiguous site,
or to establish additional locations within the city.
F.G. Temporary or mobile establishments or events are not authorized by this section.
H. Body piercing is not authorized by this section.
3. Section 17.26.030 (C-1, C-2 and C-3 land use regulations) of the Municipal Code is
amended only by amending the following use to read as follows:
USE C-1 C-2 C-3 See Section
Tattoo Studios / Body Piercing Studios – Standards and
Limitations. - P P 17.26.070
4. Section 17.42.120 is added to Chapter 17 of the Municipal Code to read as follows:
Section 17.42.120 Body Piercing Studios Prohibited
The activities of body piercing and operating a body piercing studio, whether operated
independently or as a component of a tattoo studio or any other establishment, permanent,
temporary or mobile, are prohibited.
PASSED, APPROVED AND ADOPTED this 17th day of May, 2011, by the following vote:
AYES: Comms.Hoffman,Pizer,Allen,Chmn.Darcy
NOES: None
ABSENT: Comm. Perrotti
ABSTAIN: None
Attachment 2
Map Showing 100 and 200 Buffers
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Attachment 3
Planning Commission Draft Minutes, April 19, 2011
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